educational services (schools) general staff award … services (schools) general staff award 2010...

MA000076 1

Educational Services (Schools) General Staff Award 2010

The above award was first made on 4 September 2009 [PR988936]

This consolidated version of the award includes variations made on 15 December 2009

[PR990818]; 16 December 2009 [PR991584]; 26 March 2010 [PR994501]; 4 June 2010

[PR997772]; 22 June 2010 [PR998086]; 22 June 2010 [PR997982]; 29 June 2010

[PR998748]

NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A

This link is to the version of this modern award in operation prior to 1 July 2010. It does not

include:

(a) variations to minimum wages resulting from the Annual Wage Review 2009-10; or

(b) variations in expense related allowances operative from 1 July 2010.

Table of Contents

[Varied by PR994501]

Part 1—Application and Operation ........................................................................................ 3

1. Title .............................................................................................................................. 3

2. Commencement and transitional .................................................................................. 3

3. Definitions and interpretation ....................................................................................... 4

4. Coverage ....................................................................................................................... 6

5. Access to the award and the National Employment Standards .................................... 7

6. The National Employment Standards and this award .................................................. 7

7. Award flexibility .......................................................................................................... 7

Part 2—Consultation and Dispute Resolution ....................................................................... 8

8. Consultation regarding major workplace change ......................................................... 8

9. Dispute resolution......................................................................................................... 9

Part 3—Types of Employment and Termination of Employment ..................................... 10

10. Types of employment ................................................................................................. 10

11. Leave without pay during non-term weeks ................................................................ 11

12. Termination of employment ....................................................................................... 12

13. Redundancy ................................................................................................................ 12

Part 4—Minimum Wages and Related Matters .................................................................. 14

14. Classifications ............................................................................................................ 14

15. Minimum wages ......................................................................................................... 14

http://www.fwa.gov.au/awardsandorders/html/PR988936.htm








http://www.fwa.gov.au/documents/modern_awards/30Jun10/MA000076_30Jun10.pdf



2 MA000076

16. Allowances .................................................................................................................. 17

17. Accident pay ............................................................................................................... 21

18. Higher duties ............................................................................................................... 22

19. Payment of wages ....................................................................................................... 22

20. Superannuation ........................................................................................................... 23

21. Supported wage and national training wage ............................................................... 24

Part 5—Hours of Work and Related Matters ...................................................................... 24

22. Ordinary hours of work ............................................................................................... 24

23. Rostered days off ........................................................................................................ 27

24. Breaks ......................................................................................................................... 27

25. Shiftwork .................................................................................................................... 28

26. Penalty rates ................................................................................................................ 29

27. Overtime ..................................................................................................................... 30

Part 6—Leave and Public Holidays ...................................................................................... 31

28. Annual leave ............................................................................................................... 31

29. Personal/carer’s leave and compassionate leave ........................................................ 32

30. Community service leave ............................................................................................ 32

31. Public holidays ............................................................................................................ 32

Schedule A—Transitional Provisions.................................................................................... 33

Schedule B—Classifications ................................................................................................... 38

Schedule C—Supported Wage System ................................................................................. 61

Schedule D—National Training Wage .................................................................................. 64

Appendix D1:Allocation of Traineeships to Wage Levels ................................................... 71

Schedule E—Apprentices ....................................................................................................... 76


MA000076 3

Part 1—Application and Operation

1. Title

This award is the Educational Services (Schools) General Staff Award 2010.

2. Commencement and transitional

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into

overaward payments. Nothing in this award requires an employer to maintain or

increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of

the award come into effect. Some of the transitional arrangements are in clauses in

the main part of the award. There are also transitional arrangements in Schedule A.

The arrangements in Schedule A deal with:

minimum wages and piecework rates

casual or part-time loadings

Saturday, Sunday, public holiday, evening or other penalties

shift allowances/penalties.

2.4 Neither the making of this award nor the operation of any transitional arrangements

is intended to result in a reduction in the take-home pay of employees covered by the

award. On application by or on behalf of an employee who suffers a reduction in

take-home pay as a result of the making of this award or the operation of any

transitional arrangements, Fair Work Australia may make any order it considers

appropriate to remedy the situation.

2.5 Fair Work Australia may review the transitional arrangements in this award and

make a determination varying the award.

2.6 Fair Work Australia may review the transitional arrangements:

(a) on its own initiative; or

(b) on application by an employer, employee, organisation or outworker entity

covered by the modern award; or

(c) on application by an organisation that is entitled to represent the industrial

interests of one or more employers or employees that are covered by the

modern award; or

(d) in relation to outworker arrangements, on application by an organisation that is

entitled to represent the industrial interests of one or more outworkers to whom

the arrangements relate.


4 MA000076

3. Definitions and interpretation

[Varied by PR994501, PR997772]

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994501 from 01Jan10]

agreement-based transitional instrument has the meaning in the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

award-based transitional instrument has the meaning in the Fair Work


[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

enterprise award-based instrument has the meaning in the Fair Work


general employee means an employee of a school providing:

(a) boarding supervision services—being an employee whose principal duties are

to support the operation of a school’s boarding house in relation to the

supervision of students;

(b) classroom support services—being an employee whose principal duties are to

provide support to teachers and students in a primary or secondary classroom

or to individual students or groups of students;

(c) curriculum/resources services—being an employee whose principal duties

are to support the operation of curriculum-related services, such as those

provided by a library, laboratory or a technology centre;

(d) instructional services—being an employee, other than a qualified teacher,

whose principal duties are to develop the framework for and provide

instruction to students (within a structured learning environment) under the

general supervision of a member of the teaching staff;

(e) nursing services—being an employee who is a registered nurse in the relevant

State/Territory and is employed as such;

(f) preschool/childcare services—being an employee whose principal duties are

to work with children in a preschool, early learning centre or kindergarten

operated by a school for pre-primary aged children, a childcare centre or an

outside school hours care program (other than a qualified preschool/early

childhood teacher);

(g) school administration services—being an employee whose principal duties

are in the functional areas of a school’s business operations, including but not







MA000076 5

limited to clerical, administration, finance, marketing, fundraising, public

relations, information technology, human resources administration and

information management;

(h) school operational services—being an employee whose principal duties are to

support the other services of a school, including but not limited to:

(i) construction, plumbing, carpentry, painting and other trades;

(ii) cleaning, maintenance, school facility management;

(iii) security, caretaking;

(iv) gardening, turf management, farming;

(v) retailing—canteens, uniform shops, book shops;

(vi) cooking/catering, housekeeping, laundry; and

(vii) bus driving and vehicle maintenance.

(i) wellbeing services—being an employee whose principal duties are to support

the health and wellbeing of students, and employees, where appropriate. This

may include home/school liaison, counsellors and therapists.

NES means the National Employment Standards as contained in sections 59 to 131

of the Fair Work Act 2009 (Cth)

non-term week means weeks in the school year other than term weeks and include

periods designated as school holidays for students

[Definition of on-hire inserted by PR994501 from 01Jan10]

on-hire means the on-hire of an employee by their employer to a client, where such

employee works under the general guidance and instruction of the client or a

representative of the client

principal means the employee appointed by the employer to the most senior

leadership position in a school

school education industry means the provision of education including preschool or

early childhood education in a school, registered and/or accredited under the relevant

authority in each state or territory or in an early childhood service operated by a

school, including all operations of the school. Where the provision of school

education is directed, managed and/or controlled by a central or regional

administration of a system of schools it may also include persons involved in

providing such services to schools.

school year means the period of 12 months commencing from the day the employees

are required to attend the school for the new educational year or the calendar year, as

determined by the school, and includes term weeks and non-term weeks

standard rate means the annual salary applicable to Level 3.1 in clause 15—

Minimum wages

term weeks means the weeks in the school year that students are required to attend

school as set out in the school calendar of each school

http://www.airc.gov.au/awardmod/download/nes.pdf



6 MA000076

[Definition of transitional minimum wage instrument inserted by PR994501 from 01Jan10]

transitional minimum wage instrument has the meaning in the Fair Work


3.2 Where this award refers to a condition of employment provided for in the NES, the

NES definition applies.

4. Coverage


4.1 Subject to clauses 4.2, 4.3 and, 4.4 this award covers employers in the school

education industry throughout Australia and their employees employed in the

classifications contained in Schedule B to the exclusion of any other modern award.

4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover employees who are covered by a modern enterprise award,

or an enterprise instrument (within the meaning of the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in

relation to those employees.

[New 4.4, 4.5 and 4.6 inserted by PR994501 from 01Jan10]

4.4 The award does not cover employees who are covered by a State reference public

sector modern award, or a State reference public sector transitional award (within the

meaning of the Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009 (Cth)), or employers in relation to those employees.

4.5 This award covers any employer which supplies labour on an on-hire basis in the

industry set out in clause 4.1 in respect of on-hire employees in classifications

covered by this award, and those on-hire employees, while engaged in the

performance of work for a business in that industry. This subclause operates subject

to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for apprentices

and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1

and those apprentices and/or trainees engaged by a group training service hosted by a

company to perform work at a location where the activities described herein are

being performed. This subclause operates subject to the exclusions from coverage in

this award.

[4.4 and 4.5 renumbered as 4.7 and 4.8 by PR994501 from 01Jan10]

4.7 This award does not apply to:

(a) a teacher engaged as such;

(b) a principal or deputy principal, however named;

(c) a bursar or business manager, however named being the most senior

administrative employee employed with delegated authority to act for the

employer; or






MA000076 7

(d) a member of a recognised religious teaching order and/or a Minister of

Religion or a person engaged for the purpose of religious instruction,

supervision of prayers or to undertake other religious duties of a non-teaching

nature.

4.8 Where an employer is covered by more than one award, an employee of that

employer is covered by the award classification which is most appropriate to the

work performed by the employee and to the environment in which the employee

normally performs the work.

NOTE: where there is no classification for a particular employee in this award it is

possible that the employer and that employee are covered by an award with

occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all

employees to whom they apply either on a noticeboard which is conveniently located at or

near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees

covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual

employee may agree to vary the application of certain terms of this award to meet the

genuine individual needs of the employer and the individual employee. The terms the

employer and the individual employee may agree to vary the application of are those

concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement

without coercion or duress.

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed

in clause 7.1; and

(b) result in the employee being better of overall than the employee would have

been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

http://www.airc.gov.au/awardmod/download/nes.pdf


8 MA000076

(a) be in writing, name the parties to the agreement and be signed by the employer

and the individual employee and, if the employee is under 18 years of age, the

employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee

have agreed to vary;

(c) detail how the application of each term has been varied by agreement between

the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off

overall in relation to the individual employee’s terms and conditions of

employment; and

(e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep

the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or

consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to

the employee. Where the employee’s understanding of written English is limited the

employer must take measures, including translation into an appropriate language, to

ensure the employee understands the proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving four weeks’ notice of

termination, in writing, to the other party and the agreement ceasing to operate

at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual

employee.

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not

intended to otherwise affect, any provision for an agreement between an employer

and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

(a) Where an employer has made a definite decision to introduce major changes in

production, program, organisation, structure or technology that are likely to

have significant effects on employees, the employer must notify the employees

who may be affected by the proposed changes and their representative or

representatives, if any.

(b) Significant effects include termination of employment; major changes in the

composition, operation or size of the employer’s workforce or in the skills


MA000076 9

required; the elimination or diminution of job opportunities, promotion

opportunities or job tenure; the alteration of hours of work; the need for

retraining or transfer of employees to other work or locations; and the

restructuring of jobs. Provided that where this award makes provision for

alteration of any of these matters an alteration is deemed not to have significant

effect.

8.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their

representatives, if any, the introduction of the changes referred to in clause 8.1,

the effects the changes are likely to have on employees and measures to avert

or mitigate the adverse effects of such changes on employees and must give

prompt consideration to matters raised by the employees and/or their

representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision

has been made by the employer to make the changes referred to in clause 8.1.

(c) For the purposes of such discussion, the employer must provide in writing to

the employees concerned and their representatives, if any, all relevant

information about the changes including the nature of the changes proposed,

the expected effects of the changes on employees and any other matters likely

to affect employees provided that no employer is required to disclose

confidential information the disclosure of which would be contrary to the

employer’s interests.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to

the NES, in the first instance the parties must attempt to resolve the matter at the

workplace by discussions between the employee or employees concerned and the

relevant supervisor. If such discussions do not resolve the dispute, the parties will

endeavour to resolve the dispute in a timely manner by discussions between the

employee or employees concerned and more senior levels of management as

appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES

is unable to be resolved at the workplace, and all appropriate steps under clause 9.1

have been taken, a party to the dispute may refer the dispute to Fair Work Australia.

9.3 The parties may agree on the process to be utilised by Fair Work Australia including

mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved Fair Work Australia may exercise

any method of dispute resolution permitted by the Act that it considers appropriate to

ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to

accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in

accordance with this award and the Act. Subject to applicable occupational health

and safety legislation, an employee must not unreasonably fail to comply with a


10 MA000076

direction by the employer to perform work, whether at the same or another

workplace, that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Types of employment


10.1 Employees under this award will be employed in one of the following categories:

(a) full-time employment;

(b) part-time employment; or

(c) casual employment.

10.2 At the time of engagement, an employer will inform each employee whether they are

employed on a full-time, part-time or casual basis and the employee’s classification.

10.3 Full-time employment

A full-time employee is an employee engaged to work 38 hours per week or an

average of 38 hours per week pursuant to clause 22—Ordinary hours of work.

10.4 Part-time employment

(a) A part-time employee is an employee who is engaged to work less than

38 ordinary hours per week or an average of less than 38 hours per week and/or

for less than the full school year and who has reasonably predictable hours of

work.

(b) A part-time employee will be paid an hourly rate of 1/38th of the weekly rate

for the employee’s classification.

(c) A part-time employee’s award entitlements will be calculated on a pro rata

basis.

(d) At the time of engagement, the employer and the part-time employee will agree

in writing on a regular pattern of work, specifying the number of hours worked

each day, the days of the week the employee will work, the number of weeks

of the school year the employee will work and starting and finishing times each

day.

(e) The terms of the agreement in clause 10.4(d) may be varied by agreement

between the employer and an employee. Any such variation will be recorded in

writing.

10.5 Casual employment

(a) A casual employee is an employee engaged as such.

(b) A casual employee will be paid an hourly rate of 1/38th of the weekly rate for

the employee’s classification, plus 25%.



MA000076 11

[10.5(c) varied by PR994501 from 01Jan10]

(c) A casual employee will be engaged and paid for a minimum of two hours for

each engagement. Except that a preschool/childcare services employee

working in an out of school hours care program may satisfy the two hour

minimum by working one hour before school and one hour after school on the

same day.

(d) A casual employee must be paid at the termination of each engagement, or

fortnightly or monthly in accordance with usual payment methods for full-time

employees.

11. Leave without pay during non-term weeks

11.1 Arrangements

An employee may be required to take leave without pay during non-term weeks,

provided that:

(a) the employee’s contract of employment specifies the arrangement in writing;

(b) all such periods count as service for the purpose of calculating accrued leave

entitlements and do not break continuity of service;

(c) if appropriate work is available for an employee during any such period, the

existing employee may be offered such employment (whether on a full-time,

part-time or casual basis). The employee who is on leave without pay may

refuse an offer of employment without prejudice to their normal employment

relationship; and

(d) appropriate work will mean such work as is available that is capable of being

performed by the employee. Remuneration for such work will be at the rate of

pay applicable to the work being performed.

11.2 Calculating annual salary for an employee on leave without pay during non-

term weeks

(a) The formula in this subclause may be used to calculate an annual salary for an

employee whose contract of employment makes provision, in writing, for leave

without pay during non-term weeks.

(b) The adjusted annual salary for an employee is:

A = C x working weeks + 4 weeks annual leave

52.18

Where:

A means the employee’s adjusted annual salary

C means the annual salary (as contained in clause 15—Minimum wages) for

the employee’s classification

Working weeks means the number of weeks that the employee is required to

work



12 MA000076

(c) For the purpose of calculating any allowance or penalty for an employee, the

allowance or penalty will be calculated on the ordinary hourly rate applicable

before the adjustment provided for in this clause is applied.

(d) An employee may elect, in writing, to be paid only for the time worked (and

therefore not during non-term weeks) rather than to be paid an adjusted annual

salary as provided by this clause.

(e) Where a person employed as at the date of making this award is not employed

on a contract which allows for leave without pay during non-term weeks or is

not employed under an award or a notional agreement preserving a State award

which permits an employee to be required to take leave without pay during

non-term weeks (however expressed). That employee will not be required to

take such leave or have their contract of employment changed as a result of this

award coming into operation.

(f) The making of this award is not intended to prevent other arrangements for

staff who are not required to work during non-term weeks to be agreed

between the employer and majority of employees in a school.

12. Termination of employment

12.1 Notice of termination is provided for in the NES.

12.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that

required of an employer except that there is no requirement on the employee to give

additional notice based on the age of the employee concerned. If an employee fails to

give the required notice the employer may withhold from any monies due to the

employee on termination under this award or the NES, an amount not exceeding the

amount the employee would have been paid under this award in respect of the period

of notice required by this clause less any period of notice actually given by the

employee.

12.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee

must be allowed up to one day’s time off without loss of pay for the purpose of

seeking other employment. The time off is to be taken at times that are convenient to

the employee after consultation with the employer.

13. Redundancy


13.1 Redundancy pay is provided for in the NES.

13.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the

same period of notice must be given as the employee would have been entitled to if

the employment had been terminated and the employer may, at the employer’s



MA000076 13

option, make payment instead of an amount equal to the difference between the

former ordinary time rate of pay and the ordinary time rate of pay for the number of

weeks of notice still owing.

13.3 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may

terminate their employment during the period of notice. The employee is entitled to

receive the benefits and payments they would have received under this clause had

they remained in employment until the expiry of the notice, but is not entitled to

payment instead of notice.

13.4 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must

be allowed up to one day’s time off without loss of pay during each week of

notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the

notice period for the purpose of seeking other employment, the employee must,

at the request of the employer, produce proof of attendance at an interview or

they will not be entitled to payment for the time absent. For this purpose a

statutory declaration is sufficient.

(c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions

[13.5 substituted by PR994501 from 01Jan10]

(a) Subject to clause 13.5(b) an employee whose employment is terminated by an

employer is entitled to redundancy pay in accordance with the terms of a

notional agreement preserving a State award:

(i) that would have applied to the employee immediately prior to 1 January

2010, if the employee had at that time been in their current circumstances

of employment and no agreement-based transitional instrument or

enterprise agreement had applied to the employee; and

(ii) that would have entitled the employee to redundancy pay in excess of the

employee’s entitlement to redundancy pay, if any, under the NES.

(b) The employee’s entitlement to redundancy pay under the notional agreement

preserving a State award is limited to the amount of redundancy pay which

exceeds the employee’s entitlement to redundancy pay, if any, under the NES.

(c) This clause does not operate to diminish an employee’s entitlement to

redundancy pay under any other instrument.

(d) Clause 13.5 ceases to operate on 31 December 2014.



14 MA000076

Part 4—Minimum Wages and Related Matters

14. Classifications

All employees must be classified according to the structure set out in Schedule B—

Classifications and paid the minimum wage in clause 15—Minimum wages. An employer

must advise an employee in writing of their classification and of any changes to their

classification.

15. Minimum wages


15.1 Annual rates of pay

[15.1 varied by PR997982 ppc 01Jul10]

An employer will pay an adult employee not less than the rate of pay specified for

the employee’s classification.

Classification level Weekly rate Annual salary

$ $

Level 1

1.1 586.50 30,604

1.2 609.00 31,778

1.3 631.00 32,926

Level 2

2.1 636.00 33,186

2.2 656.00 34,230

Level 3

3.1 664.00 34,648

3.2 676.00 35,274

Level 4

4.1 701.00 36,578

4.2 736.00 38,404

Level 5

5.1 760.00 39,657

5.2 796.40 41,556

Level 6

6.1 825.00 43,049





MA000076 15

Classification level Weekly rate Annual salary

$ $

6.2 881.00 45,971

Level 7

7.1 907.00 47,327

7.2 936.00 48,840

7.3 965.00 50,354

Level 8 1,051.00 54,841

15.2 Commencement level and progression

(a) Where there is more than one minimum pay point for a classification level an

employee will be eligible for movement to the next highest pay point within

the classification level after each 12 month period, following a performance

review which the employer will complete before the end of the 12 month

period.

(b) Movement to the next pay point within a classification level will occur unless a

review implemented by the employer demonstrates that performance against

the relevant classification descriptors has not been satisfactory.

(c) The commencement levels for employees will be as follows:

Classification Commencement level

School operations services grade 1 Level 1.1

School administration services grade 1 Level 1.2

Classroom support services grade 1

Preschool/childcare services grade 1

Level 1.3


Curriculum/resources services grade 1


Boarding supervision services grade 1

Wellbeing services grade 1

School administration services grade 2

School operational services grade 2

Level 2.1


16 MA000076

Classification Commencement level







Level 3.1


Preschool/childcare services grade 3A





Level 4.1

Instructional services grade 1 Level 4.2






Instructional services grade 2

Level 5.1


Instructional services grade 3


Nursing services grade 1



Level 6.1




Level 7.1

Preschool/childcare services grade 6 (1–39 places) Level 7.2

Preschool/childcare services grade 6 (40–59 places) Level 7.3


Preschool/childcare services grade 6 (60 or more

places)



Level 8


MA000076 17

15.3 Junior employees

A junior employee appointed at classification level 1 or 2 is to be paid at the

following percentage of the appropriate adult rate for the position performed.

Age % of adult rate

Under 17 years of age 50

17 years of age 60

18 years of age 70

19 years of age 80

20 years of age 90

15.4 Apprentices

[Numbered as 15.4(a) by PR994501 from 01Jan10]

(a) Apprentices may be employed in accordance with the provisions of Schedule

E—Apprentices.

[15.4(b) inserted by PR994501 from 01Jan10]

(b) An apprentice, other than an adult apprentice, will be paid a percentage of the

standard rate as follows:

Year of apprenticeship % of the standard rate

First year 45

Second year 55

Third year 75

Fourth year 90

[15.4(c) inserted by PR994501 from 01Jan10]

(c) The rate of pay for an adult apprentice will be the rate prescribed for the lowest

classification in clause 15.1, or the rate prescribed in clause 15.4(b) for the

relevant year of the apprenticeship, whichever is the greater.

16. Allowances


16.1 Caretakers’ accommodation

(a) An employee who is employed as a caretaker and who is required by the

employer to reside in premises provided by the employer, will be provided

with living quarters, fuel and light at no cost to the employee.

(b) The on call and recall allowances in clause 16.5 do not apply to a caretaker

provided with accommodation.







18 MA000076

16.2 District allowances

(a) Northern Territory

An employee in the Northern Territory is entitled to payment of a district

allowance in accordance with the terms of an award made under the Workplace

Relations Act 1996 (Cth):

[16.2(a)(i) substituted by PR994501 from 01Jan10]





(ii) that would have entitled the employee to payment of a district allowance.

(b) Western Australia

An employee in Western Australia is entitled to payment of a district allowance

in accordance with the terms of a notional agreement preserving a State award

or an award made under the Workplace Relations Act 1996 (Cth):

[16.2(b)(i) substituted by PR994501 from 01Jan10]





(ii) that would have entitled the employee to payment of a district allowance.

(c) Clause 16.2 ceases to operate on 31 December 2014.

16.3 First aid allowance

(a) Application

An employee who is designated by the employer to perform first aid duty,

including the dispensing of medication to students in accordance with

medication plans, and who holds a current recognised first aid qualification,

will be paid an allowance of:

(i) 1.65% of the standard rate per annum; or

(ii) 1/240th of the allowance in clause 16.3(a)(i), if designated on a per day

basis.

(b) Excluded employees

This allowance does not apply to:

(i) a nurse;

(ii) an employee employed exclusively as a first aid officer; or

(iii) an employee whose appointment to the position of first aid officer has

been taken into account in classifying their position.




MA000076 19

16.4 Meal allowance

Where an employer requires an employee:

(a) to undertake more than two hours’ overtime after the completion of a full day

of work (defined as not less than 7.6 hours), the employer will provide a meal

to the employee. The exceptions to this are:

(i) if an employee could reasonably return home for a meal; or

[16.4(a)(ii) varied by PR998086 ppc 01Jul10]

(ii) if it is not possible to provide a meal, the employer will pay a meal

allowance of $12.90 to the employee,

(b) employed in a boarding role, to be on duty during meal times, the employee

will be entitled to the meal provided to the school’s boarding students.

16.5 On call and recall allowance

(a) On call allowance

An on call allowance will be paid to an employee who is required by an

employer to hold themselves available to be recalled to work. The employee

will be paid an allowance equal to one ordinary hour’s pay for each period of

up to 24 hours that the employee is required to be on call.

(b) Recall allowance

An employee recalled to duty at the workplace will be paid a minimum of two

hours at the appropriate overtime rate where that duty is not continuous with

their ordinary hours of duty.

(c) Exceptions

The on call and recall allowances do not apply to:

(i) an employee paid a sleepover allowance in accordance with clause 16.6;

or

(ii) an employee provided with reasonable accommodation, including living

quarters, fuel and light, and available to the employee for their exclusive

use at no cost to the employee.

16.6 Sleepover allowance

(a) Subject to clause 16.6(b), where the employer requires a boarding supervision

services employee or a nursing services employee to sleepover on the

employer’s premises or at a school camp site for a period outside that of the

employee’s normal rostered hours of duty, the following arrangements will

apply:

(i) the employee will be entitled to an amount of 0.11% of the standard rate

per sleepover, which is defined as sleeping in at night to undertake duty

of care requirements and to be on call for emergencies;



20 MA000076

(ii) where the employee is required by the employer to perform work during

a sleepover, the employee will be paid for the time worked at the rate of

150% of the ordinary hourly rate of pay with a minimum payment being

for 30 minutes;

(iii) any time worked under clause 16.6(a)(ii) will not be taken into account

for the purposes of clause 10—Types of employment, and clause 22—

Ordinary hours of work;

(iv) the payments in this subclause will not extend beyond the period of the

sleepover; and

(v) the employee will be provided with suitable accommodation, including

reasonably convenient bathroom facilities, at no cost to the employee.

(b) An employee who is provided with reasonable accommodation including living

quarters, fuel and light, and available to the employee for their exclusive use is

not entitled to the sleepover allowance under clause 16.6(a).

16.7 Tool allowance

[16.7 varied by PR998086 ppc 01Jul10]

Where an employer does not provide all tools necessary for a tradesperson to

perform their work, a tradesperson will be paid $14.69 per week (except for a

carpenter or joiner who must be paid $27.81 per week) extra for supplying and

maintaining tools ordinarily required in the performance of their work as a

tradesperson. An apprentice will receive the relevant percentage of this allowance.

16.8 Uniform/protective clothing allowance

(a) Where an employer requires an employee to wear a uniform or protective

clothing, which includes clothing and/or footwear, during the performance of

the employee’s duties, the employer will:

(i) provide the uniform or protective clothing, which includes the

maintenance and laundering of the items; or

(ii) provide a uniform or protective clothing allowance of $1.20 per day up to

a maximum of $6.00 per week and a laundry allowance of $0.30 per day

up to a maximum of $1.50 per week; or

(iii) reimburse the employee for the purchase price of the uniform or

protective clothing and provide a laundry allowance of $0.30 per day up

to a maximum of $1.50 per week, if the employer does not launder the

items.

(b) Where an employee is required to work in the rain they will be supplied with

adequate rainproof clothing.

16.9 Vehicle allowance

(a) An employee required by the employer to use the employee’s motor vehicle in

the performance of duties must be paid the following allowances:



MA000076 21

(i) Motor car

$0.74 per kilometre with a maximum payment as for 400 kilometres per

week.

(ii) Motorcycle

$0.25 per kilometre with a maximum payment as for 400 kilometres per

week.

(b) Where an employer provides a motor vehicle which is used by an employee in

the performance of the employee’s duties the employer must pay all expenses

including registration, running and maintenance.

16.10 Adjustment of expense related allowances

At the time of any adjustment to the standard rate, each expense related allowance

will be increased by the relevant adjustment factor. The relevant adjustment factor

for this purpose is the percentage movement in the applicable index figure most

recently published by the Australian Bureau of Statistics since the allowance was last

adjusted.

The applicable index figure is the index figure published by the Australian Bureau of

Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance Applicable Consumer Price Index figure

Meal allowance Take away and fast foods sub-group

Tool allowance Tools component of the household appliances,

utensils and tools sub-group

Uniform/protective clothing

allowance

Clothing and footwear group

Vehicle allowance Private motoring sub-group

17. Accident pay


17.1 Subject to clause 17.2, an employee is entitled to accident pay in accordance with the

terms of:

[17.1(a) substituted by PR994501 from 01Jan10]

(a) a notional agreement preserving a State award that would have applied to the

employee immediately prior to 1 January 2010 or an award made under the

Workplace Relations Act 1996 (Cth) that would have applied to the employee

immediately prior to 27 March 2006, if the employee had at that time been in

their current circumstances of employment and no agreement-based transitional

instrument or enterprise agreement had applied to the employee; and

(b) that would have entitled the employee to accident pay in excess of the

employee’s entitlement to accident pay, if any, under any other instrument.




22 MA000076

17.2 The employee’s entitlement to accident pay under the notional agreement preserving

a State award or award is limited to the amount of accident pay which exceeds the

employee’s entitlement to accident pay, if any, under any other instrument.

17.3 This clause does not operate to diminish an employee’s entitlement to accident pay

under any other instrument.

17.4 This clause ceases to operate on 31 December 2014.

18. Higher duties

18.1 An employer may direct an employee to temporarily perform duties applicable to a

classification higher than their current classification.

18.2 Subject to clause 18.3 where the employee performs such duties for more than five

days and those duties constitute the whole or substantially the whole type of duties

which would attract the higher classification, the employee will be paid the rate of

pay applicable to the higher classification for the whole period during which the

duties are performed.

18.3 Where the employee is a school operational services employee, and they perform

those duties for one day or more and those duties constitute the whole or

substantially the whole type of duties which would attract the higher classification,

the employee will be paid the rate of pay applicable to the higher classification for

the whole period during which the duties are performed.

19. Payment of wages

19.1 All monies payable will be paid:

(a) once each fortnight;

(b) once every four weeks at the end of the first fortnight including payment for

two weeks in arrears and two weeks in advance; or

(c) once every month with payment being made as nearly as possible on the

middle of each month including one half month in arrears and one half month

in advance.

19.2 An employer may elect to pay wages and allowances by cash, cheque or direct

transfer. Where monies are paid by direct transfer, the employee has the right to

nominate the financial institution and the account.

19.3 Where an employee is being paid on a fortnightly basis as at the date that this award

becomes operative, that employee will not have the basis of their payment changed

as a result of the award coming into force.


MA000076 23

20. Superannuation


20.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee

(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act

1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the

Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the

superannuation rights and obligations of employers and employees. Under

superannuation legislation individual employees generally have the opportunity

to choose their own superannuation fund. If an employee does not choose a

superannuation fund, any superannuation fund nominated in the award

covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation

legislation.

20.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund

for the benefit of an employee as will avoid the employer being required to pay the

superannuation guarantee charge under superannuation legislation with respect to

that employee.

20.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an

employee may, in writing, authorise their employer to pay on behalf of the

employee a specified amount from the post-taxation wages of the employee

into the same superannuation fund as the employer makes the superannuation

contributions provided for in clause 20.2.

(b) An employee may adjust the amount the employee has authorised their

employer to pay from the wages of the employee from the first of the month

following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 20.3(a) or (b) no

later than 28 days after the end of the month in which the deduction authorised

under clauses 20.3(a) or (b) was made.

20.4 Superannuation fund

[20.4 varied by PR994501 from 01Jan10]

Unless, to comply with superannuation legislation, the employer is required to make

the superannuation contributions provided for in clause 20.2 to another

superannuation fund that is chosen by the employee, the employer must make the

superannuation contributions provided for in clause 20.2 and pay the amount

authorised under clauses 20.3(a) or (b) to one of the following superannuation funds

or its successor:

(a) The Non-Government Schools Superannuation Fund (NGS Super);

(b) Catholic Superannuation and Retirement Fund (CSRF);




24 MA000076

(c) National Catholic Superannuation Fund (NCSF);

(d) Catholic Super (CSF);

(e) Combined Fund;

(f) The Victorian Independent Schools Superannuation Fund;

(g) HESTA Super Fund;

(h) Asset Super;

(i) AustralianSuper;

(j) Tasplan;

(k) Sunsuper;

(l) Queensland Independent Education and Care Superannuation Trust;

(m) AMP Superannuation Savings Trust;

(n) Concept One Superannuation Plan;

(o) Westscheme;

(p) Lutheran Super;

(q) Australasian Conference Association Superannuation Trust Australia;

(r) Christian Super; or

(s) any superannuation fund to which the employer was making superannuation

contributions for the benefit of its employees before 12 September 2008,

provided the superannuation fund is an eligible choice fund.

21. Supported wage and national training wage

21.1 For provisions in relation to the supported wage system see Schedule C—Supported

Wage System.

21.2 For provisions in relation to the national training wage see Schedule D—National

Training Wage.

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work

22.1 Subject to this clause, a full-time employee’s ordinary hours of work will be 38 per

week. The ordinary hours of work for a part-time or casual employee will be in

accordance with clause 10—Types of employment.

22.2 The ordinary hours of work in clause 22.1 may be averaged over a period of a

fortnight or four weeks. The exception to this is a curriculum/resources services


MA000076 25

employee employed in outdoor education, or a boarding supervision services

employee whose hours of work may be averaged over a period of up to 12 months.

Where a boarding supervision services employee’s hours of work are averaged over

a period of 12 months, they will be paid the applicable annual rate in clause 15.1 for

all weeks of the year, excluding periods of unpaid leave provided for in this award or

the NES, and clauses 11—Leave without pay during non-term weeks, 23—Rostered

days off, 25—Shiftwork, 26—Penalty rates and 27—Overtime will not apply.

22.3 The ordinary hours of work will be worked on no more than five days in any seven

days and may be worked as follows:

(a) On any day from Monday to Friday between 7.00 am and 6.00 pm for the

following groups of employees:

(i) Classroom support services;

(ii) Curriculum/education resources;

(iii) Wellbeing services;

(iv) School administration services; or

(v) School operational services—retail employees only.

(b) On any day from Monday to Friday between 6.00 am and 6.00 pm for school

operational services employees in the following groups:

(i) Construction, plumbing, carpentry, painting and other trades;

(ii) Cleaning, maintenance, school facilities management; or

(iii) Bus driving/non-trade vehicle maintenance.

(c) On any day from Monday to Friday between 6.30 am and 6.30 pm for the

following employees:

(i) Preschool/childcare/out of school hours care services; or

(ii) Nursing services.

(d) On any day from Monday to Friday between 6.00 am and 6.00 pm and on

Saturday between 6.00 am and 12 noon for gardening, turf maintenance and

farming employees.

(e) On any day from Monday to Saturday between 6.00 am and 6.00 pm for the

following employees:

(i) Curriculum/education resources—outdoor education only; or

(ii) Instructional services.

(f) On any day Monday to Sunday between 6.00 am and 6.00 pm for the following

employees:

(i) Boarding supervision services; or

(ii) School operational services—security/caretaking and cooking, catering,

housekeeping and laundry services only.


26 MA000076

Provided that where a daily span of hours is specified, and there is mutual agreement

between the employer and the majority of employees in the particular group, the

starting and finishing times may be varied by up to one hour so long as the total

hours remain unchanged.

22.4 An employer may require a part-time employee to work reasonable additional hours

in accordance with the provisions of this clause.

(a) Where the employee’s hours are averaged:

(i) the employee will be paid for all such additional hours at the casual

hourly rate of pay, provided that the additional hours fall within the

applicable daily spread of hours in clause 22.3, do not result in the

employee working more than eight hours on that day, and do not result in

the employee working more than the allowed maximum weekly ordinary

hours during the averaging period; and

(ii) in all other cases the employee will be entitled to payment at the

appropriate overtime rate of pay for any additional hours worked.

(b) Where the employee’s hours are not averaged:

(i) the employee will be paid for all such additional hours at the casual

hourly rate of pay, provided that the additional hours worked fall within

the applicable daily spread of hours in clause 22.3, and do not result in

the employee working more than eight hours on that day; and

(ii) in all other cases the employee will be entitled to payment at the

appropriate overtime rate of pay for any additional hours worked.

(c) Where additional hours are worked on a day the employee is already attending

for work, the minimum casual engagement of two hours will not apply.

(d) Additional hours worked by a part-time employee in accordance with this

clause do not accrue leave entitlements under this award or the NES.

22.5 Breaks between periods of duty

(a) An employee will be entitled to a minimum break of 10 consecutive hours

between the end of one period of duty and the beginning of the next. This

applies in relation to both ordinary hours and where overtime is worked.

(b) Where an employer requires an employee to continue or resume work without

having a 10-hour break off duty, the employee is entitled to be absent from

duty without loss of pay until a 10-hour break has been taken, or be paid at

200% of the ordinary rate of pay until released from duty.

(c) The entitlements in clauses 22.5(a) and (b) do not apply to:

(i) a boarding supervision services employee, where the periods of duty are

concurrent with a sleepover;

(ii) an employee who is provided with accommodation on the employer’s

premises or in the vicinity of the employer’s premises;


MA000076 27

(iii) an employee who is attending a school camp or excursion; or

(iv) an employee working a broken shift.

23. Rostered days off

An employer and employee may agree that the ordinary hours of work provided by

clause 22—Ordinary hours of work will be worked over 19 days in each four week period, in

which case the following provisions will apply.

23.1 The employee will work 152 hours over 19 days in each four week period with one

rostered day off on full pay in each such period.

23.2 An employee will accrue 24 minutes for each eight hour day worked to give the

employee an entitlement to take rostered days off.

23.3 Each day of paid leave taken by an employee (but not including long service leave,

any period of stand-down, any public holiday or any period of absence for which

workers compensation payments apply occurring during any cycle of four weeks)

will be regarded as a day worked for the purpose of accruing an entitlement under

clause 23.2.

23.4 Rostered days off will not be regarded as part of the employee’s annual leave for any

purpose.

23.5 An employee will not be entitled to more than 12 rostered days off in any 12 months

of consecutive employment.

23.6 An employee who is scheduled to take a rostered day off before having worked a

complete four week cycle will be paid a pro rata amount for the time that the

employee has accrued in accordance with clause 23.2.

23.7 An employee whose employment is terminated in the course of a four week cycle

will be paid a pro rata amount for the time that the employee has accrued in

accordance with clause 23.2.

23.8 Rostered days off will be determined by mutual agreement between the employer

and the employee, having regards to the needs of the place of employment.

23.9 An employee will be advised by the employer at least four weeks in advance of the

day on which the employee is to be rostered off duty.

24. Breaks

24.1 Meal break

An employee will be entitled to an unpaid meal break of 30 minutes no later than

five hours after commencing work.

24.2 Rest break

(a) At a time suitable to the employer, an employee is entitled to a rest break of

10 minutes, which will be counted as time worked, for each period of three

hours worked, with a maximum of two rest breaks per shift. The employer and


28 MA000076

an employee may agree to one rest break of 20 minutes in place of the two

10 minute rest breaks.

(b) Notwithstanding 24.2(a), an employee in classroom support services is entitled

to one rest break of 20 minutes, which will be counted as time worked.

25. Shiftwork

25.1 Ordinary hours for shiftwork

The ordinary hours for shiftwork will:

(a) be worked continuously each shift (except for broken shifts and meal breaks);

(b) not exceed 10 hours, inclusive of a meal break in any single shift; and

(c) be rostered in accordance with clause 25.4.

25.2 Definitions

The following shift definitions apply:

(a) day shift is a shift which commences and ceases wholly within the spread of

ordinary hours identified in clause 22.3;

(b) afternoon shift is a shift which is not a day shift and which finishes after the

ordinary hours identified in clause 22.3;and at or before midnight;

(c) night shift is a shift which is not a day shift and which finishes after midnight

and at or before 6.00 am.

25.3 Broken shifts

(a) An employee may be rostered to work ordinary hours in a broken shift, that is a

rostered shift in two periods of duty, exclusive of breaks, per day, with a

minimum payment (other than for a casual) of two hours for each period of

duty.

(b) An employee, other than a casual, required to work a broken shift will be paid

at the ordinary time rate plus a penalty of 15% of the ordinary time rate.

(c) The maximum spread between the start of the first period of duty and cease of

the second period of duty for a broken shift is 12 hours. Any hours in excess of

this 12 hour spread will be paid for as overtime.

(d) The provisions of clause 25.3(c) do not apply to a boarding supervision

services employee who is provided with reasonable accommodation including

living quarters, fuel and light, and available to the employee for their exclusive

use for 52 weeks of the year, at no cost to the employee.

25.4 Rostering

(a) For employees working to a roster, a roster showing normal starting and

finishing times and the name of each employee will be prepared by the

employer and will be displayed in a place conveniently accessible to the

employees at least seven days before the commencement of the roster period.


MA000076 29

(b) An employee may be rostered to work on a Saturday, Sunday or public holiday

and will be paid the appropriate penalty in accordance with clause 26—Penalty

rates.

(c) A roster may be altered by mutual consent at any time or by amendment of the

roster by the employer on seven days’ notice.

(d) Notwithstanding clause 25.4(c) a roster may be altered at any time to enable

the functions of the employer to be carried out where another employee is

absent from work due to illness or in an emergency. In such circumstances,

unless agreed between the employer and the employee, an employee must be

given 48 hours’ notice of a change to a rostered shift. If 48 hours’ notice is not

provided, the employee will be entitled to a penalty of 50% of the ordinary

time rate instead of any other penalty that may apply.

(e) Where such alteration requires an employee to work on a day which would

otherwise have been the employee’s day off, the day off instead will be

arranged by mutual consent.

26. Penalty rates

26.1 Shiftwork

(a) Afternoon shift and night shift will attract a penalty rate of 15% of the ordinary

time rate.

(b) A permanent night shift will attract a penalty rate of 30% of the ordinary time

rate.

26.2 Saturday and Sunday work

(a) An employee other than an employee covered by clause 26.2(b) required to

work ordinary time on a Saturday or Sunday will be paid the ordinary time rate

of pay plus a penalty of:

(i) for ordinary hours worked on a Saturday, 50% of the ordinary time rate;

and

(ii) for ordinary hours worked on a Sunday, 100% of the ordinary time rate.

(b) Except that a school operational services employee in the cooking/catering

group, or a boarding supervision services employee who is not working

averaged hours in accordance with the provisions of clause 22.2, rostered to

work ordinary hours on a Saturday will be paid the ordinary time rate of pay

plus a penalty of 25% of the ordinary time rate and if rostered to work on a

Sunday will be paid the ordinary time rate of pay plus a penalty of 75% of the

ordinary time rate.

26.3 The penalty rates within this clause and in clause 27—Overtime are not cumulative.

Where an employee is entitled to more than one penalty or overtime rate, the

employee will be entitled to the highest single penalty rate.


30 MA000076

27. Overtime

27.1 Overtime rates

(a) An employee will be paid overtime for all authorised work performed outside

of or in excess of the ordinary or rostered hours as follows:

Time worked Overtime rate

Monday–Friday 150% of the ordinary hourly rate of pay for the first

3 hours and 200% of the ordinary hourly rate of pay

after that

Saturday 150% of the ordinary hourly rate of pay for the first

3 hours and 200% of the ordinary hourly rate of pay

after that

Sunday 200% of the ordinary hourly rate of pay

Public holidays 250% of the ordinary hourly rate of pay

(b) Except that a nursing services employee rostered to work overtime on a

Saturday or Sunday will be paid the ordinary time rate of pay plus a penalty of

50% of the ordinary time rate for all time worked.

(c) Overtime will be calculated daily.

27.2 Time off instead of overtime payment

(a) An employee and an employer may agree that an employee will be provided

with time off instead of being paid an overtime payment for all authorised

work performed outside of or in excess of the ordinary or rostered hours.

(b) Overtime taken as time off during ordinary time hours must be taken at the

ordinary time rate, that is, an hour for each hour worked.

(c) Where an employee and an employer have agreed to time off instead of

overtime payment under clause 27.2(a) and such time has not been taken:

(i) within four weeks of accrual; or

(ii) during the non-term weeks agreed in writing between an employee and

an employer;

an employer must, if requested by an employee, provide payment, at the rate

provided for the payment of overtime in the award, for any overtime worked.

27.3 Make-up time

An employee may elect, with the consent of the employer, to work make-up time

under which the employee takes time off during ordinary hours, and works those

hours at a later time, during the spread of ordinary hours provided in the award.


MA000076 31

Part 6—Leave and Public Holidays

28. Annual leave


28.1 Annual leave is provided for in the NES. This clause supplements the NES

provisions.

28.2 An employer may require an employee to take their annual leave during non-term

weeks.

[28.3 deleted by PR994501 from 01Jan10]

[28.4 as 28.3 by PR994501 from 01Jan10]

28.3 Annual leave loading

(a) During a period of annual leave, an employee will receive a loading calculated

on the rate of wage prescribed in clause 15—Minimum wages of this award.

Annual leave loading is payable on leave accrued on the following bases:

(i) Employees who would have worked on day work only had they not been

on leave—17.5% of their ordinary rate of pay.

(ii) Employees who would have worked on shiftwork had they not been on

leave—17.5% of their ordinary rate of pay or the applicable shift loading,

whichever is the greater.

(b) Except that an employer may, at its election, pay:

(i) annual leave loading to the employee with each salary payment

throughout the school year by increasing the annual rate of pay as at the

commencement of the school year, or as subsequently varied, by

1.3426%. Where an employer elects to pay annual leave loading with

each salary payment throughout the school year, the employer must

advise the employee in writing; or

(ii) annual leave loading in respect of the school year to the employee with

the first salary payment in December of that school year at the rate of pay

applicable on 1 December of that school year.

[28.5 renumbered as 28.4 by PR994501 from 01Jan10]

28.4 Paid leave in advance of accrued entitlement

An employer may allow an employee to take annual leave either wholly or partly in

advance before the leave has accrued. Where paid leave has been granted to an

employee in excess of the employee’s accrued entitlement, and the employee

subsequently leaves or is discharged from the service of the employer before

completing the required amount of service to account for the leave provided in

advance, the employer is entitled to deduct the amount of leave in advance still

owing from any remuneration payable to the employee upon termination of

employment.






32 MA000076

29. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

30. Community service leave

Community service leave is provided for in the NES.

31. Public holidays

31.1 Public holidays are provided for in the NES.

31.2 Payment for work on a public holiday

An employee required to work on a public holiday will be paid at the rate of 250%

for ordinary hours performed, unless the employer and the employee have agreed to

the employee taking a day off instead of payment in which case the employee will be

paid at the ordinary time rate for work on the public holiday.

31.3 Substitution of public holidays

(a) By agreement between the employer and the majority of employees, an

alternative day may be taken as a public holiday instead of any of the days

specified by the NES. The agreement will be recorded in writing and made

available to every affected employee.

(b) Where substitution is agreed, the substituted day will be the public holiday for

all purposes of this award.


MA000076 33

Schedule A—Transitional Provisions

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

(a) when there is a difference, in money or percentage terms, between a provision

in a relevant transitional minimum wage instrument (including the transitional

default casual loading) or award-based transitional instrument on the one hand

and an equivalent provision in this award on the other;

(b) when a loading or penalty in a relevant transitional minimum wage instrument

or award-based transitional instrument has no equivalent provision in this

award;

(c) when a loading or penalty in this award has no equivalent provision in a

relevant transitional minimum wage instrument or award-based transitional

instrument; or

(d) when there is a loading or penalty in this award but there is no relevant

transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages – existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which, immediately

prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument or an

enterprise agreement would have been obliged, or

(c) if it had been an employer in the industry or of the occupations covered by this

award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional

instrument to pay a minimum wage lower than that in this award for any

classification of employee.

A.2.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training

arrangements apply and an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less

than the minimum wage in the relevant transitional minimum wage instrument and/or

award-based transitional instrument for the classification concerned.


34 MA000076

A.2.4 The difference between the minimum wage for the classification in this award and

the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for

the classification in this award minus the specified proportion of the transitional

amount:

First full pay period on or after

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting

from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or

after 1 July 2014.

A.3 Minimum wages – existing minimum wage higher



(a) was obliged,





by a transitional minimum wage instrument and/or an award-based transitional

instrument to pay a minimum wage higher than that in this award for any

classification of employee.

A.3.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training

arrangements apply and an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.


than the minimum wage in the relevant transitional minimum wage instrument and/or


A.3.4 The difference between the minimum wage for the classification in this award and

the minimum wage in clause A.3.3 is referred to as the transitional amount.


MA000076 35

A.3.5 From the following dates the employer must pay no less than the minimum wage for

the classification in this award plus the specified proportion of the transitional

amount:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting

from an annual wage review. If the transitional amount is equal to or less than any

increase in minimum wages resulting from the 2010 annual wage review the

transitional amount is to be set off against the increase and the other provisions of

this clause will not apply.


after 1 July 2014.

A.4 Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

casual or part-time loading;

Saturday, Sunday, public holiday, evening or other penalty;

shift allowance/penalty.

A.5 Loadings and penalty rates – existing loading or penalty rate lower



(a) was obliged,





by the terms of a transitional minimum wage instrument or an award-based

transitional instrument to pay a particular loading or penalty at a lower rate than the

equivalent loading or penalty in this award for any classification of employee.


than the loading or penalty in the relevant transitional minimum wage instrument or


A.5.3 The difference between the loading or penalty in this award and the rate in

clause A.5.2 is referred to as the transitional percentage.


36 MA000076

A.5.4 From the following dates the employer must pay no less than the loading or penalty

in this award minus the specified proportion of the transitional percentage:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.

A.6 Loadings and penalty rates – existing loading or penalty rate higher



(a) was obliged,





by the terms of a transitional minimum wage instrument or an award-based

transitional instrument to pay a particular loading or penalty at a higher rate than the

equivalent loading or penalty in this award, or to pay a particular loading or penalty

and there is no equivalent loading or penalty in this award, for any classification of

employee.


than the loading or penalty in the relevant transitional minimum wage instrument or

award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in

clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent

loading or penalty in this award, the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty

in this award plus the specified proportion of the transitional percentage:


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


after 1 July 2014.


MA000076 37

A.7 Loadings and penalty rates – no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by

clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the

loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following

percentage of the loading or penalty in this award:


1 July 2010 20%

1 July 2011 40%

1 July 2012 60%

1 July 2013 80%


after 1 July 2014.


38 MA000076

Schedule B—Classifications

B.1 Definitions

B.1.1 Definition 1: Supervision

Close supervision: clear and detailed instructions are provided. Tasks are covered

by standard procedures. Deviations from procedures or unfamiliar situations are

referred to higher levels. Work is regularly checked.

Routine supervision: direction is provided on the tasks to be undertaken with some

latitude to rearrange sequences and discriminate between established methods.

Guidance on the approach to standard circumstances is provided in procedures,

guidance on the approach to non-standard circumstances is provided by a supervisor.

Checking is selective rather than constant.

General direction: direction is provided on the assignments to be undertaken, with

the employee determining the appropriate use of established methods, tasks and

sequences. There is some scope to determine an approach in the absence of

established procedures or detailed instructions, but guidance is readily available.

When performance is checked, it is on assignment completion.

Broad direction: direction is provided in terms of objectives which may require the

planning of staff, time and material resources for their completion. Limited detailed

guidance will be available and the development or modification of procedures by the

employee may be required. Performance will be measured against objectives.

B.1.2 Definition 2: Qualifications

Within the Australian Qualifications Framework:

(a) Year 12

Completion of a senior secondary certificate of education, usually in Year 12

of secondary school.

(b) Trade certificate

Completion of an apprenticeship, normally of four years’ duration, or

equivalent recognition, e.g. Certificate III.

(c) Post-trade certificate

A course of study over and above a trade certificate and less than a

Certificate IV.

(d) Certificates I and II

Courses that recognise basic vocational skills and knowledge, without a

Year 12 prerequisite.

(e) Certificate III

A course that provides a range of well-developed skills and is comparable to a

trade certificate.


MA000076 39

(f) Certificate IV

A course that provides greater breadth and depth of skill and knowledge and is

comparable to a two year part-time post-Year 12 or post-trade certificate

course.

(g) Diploma

A course at a higher education or vocational educational and training

institution, typically equivalent to two years’ full-time post-Year 12 study.

(h) Advanced diploma

A course at a higher education or vocational educational and training

institution, typically equivalent to three years’ full-time post-Year 12 study.

(i) Degree

A recognised degree from a higher education institution, often completed in

three or four years, and sometimes combined with a one year diploma.

(j) Postgraduate degree

A recognised postgraduate degree, over and above a degree as defined above.

NOTE: Previously recognised qualifications obtained prior to the

implementation of the Australian Qualifications Framework continue to be

recognised. The above definitions also include equivalent recognised overseas

qualifications.

B.1.3 Definition 3: Classification dimensions

(a) Competency

The skill, complexity and responsibility of tasks typically required at each

classification level.

(b) Judgment, independence and problem solving

Judgment is the ability to make sound decisions, recognising the consequences

of decisions taken or actions performed. Independence is the extent to which an

employee is able (or allowed) to work effectively without supervision or

direction. Problem solving is the process of defining or selecting the

appropriate course of action where alternative courses of actions are available.

This dimension looks at how much of each of these three qualities applies at

each classification level.

(c) Level of supervision

This dimension covers both the way in which employees are supervised or

managed and the role of employees in supervising or managing others.

(d) Training level or qualifications

The type and duration of training which the duties of the classification level

typically require for effective performance. Training is the process of acquiring


40 MA000076

skills and knowledge through formal education, on-the-job instruction or

exposure to procedures.

(e) Occupational equivalent

Examples of occupations typically falling within each classification level.

(f) Typical activities

Examples of activities typically undertaken by employees in different roles at

each of the classification levels. Examples of occupational equivalent positions

are provided. Reference to small, medium and large schools is made, based

upon student enrolment. A small school enrols less than 300 students, a

medium school enrols between 300 and 600 students and a large school enrols

more than 600 students.

B.2 Classifications

B.2.1 Level 1

An employee at this level will learn and gain competency in the basic skills required

by the employer. In the event that the increased skills/competency are required and

utilised by the employer, classification to a higher level within the structure may be

possible.

(a) Competency

Competency involves application of knowledge and skills to a limited range of

tasks and roles. There is a specific range of contexts where the choice of

actions is clear. The competencies are normally used within established

routines, methods and procedures that are predictable. Judgments against

established criteria may also be required.


The employee follows standard procedures in a predefined order. The

employee resolves problems where alternatives for the employee are limited

and the required action is clear or can be readily referred to a more senior

employee.


Close supervision or, in the case of more experienced employees working

alone, routine supervision.


An employee is not required to have formal qualifications or work experience

upon engagement. An employee will be provided with on-the-job training

which will provide information about, and/or an introduction to, the conditions

of employment, the school, the school’s policies and procedures in relation to

the work environment and the employees with whom the employee will be

working.


MA000076 41

(e) Typical activities

(i) Classroom support services grade 1

Providing general assistance of a supportive nature to teachers, as

directed

Assisting student learning, either individually or in groups, under the

direct supervision of a higher level general employee or a teacher

Assisting with the collection, preparation and distribution of classroom

materials

Assisting with clerical duties associated with normal classroom

activities, e.g. student records, equipment records, etc.

Assisting teachers with the care of students on school excursions, sports

days and other classroom activities

Occupational equivalent: teacher aide/assistant, integration

aide/assistant

(ii) Preschool/childcare services grade 1

Learning and implementing the policies, procedures and routines and

the requisite basic skills

Learning how to establish relationships and interacting with children

Attending to the physical, social and emotional needs of children on an

individual or group basis

Assisting in the development of good relations with families attending

the facility

Performing basic duties, including food preparation, cleaning or

gardening

Occupational equivalent: childcare assistant, outside school hours

assistant, preschool assistant, kindergarten assistant

(iii) School administration services grade 1

Performing a range of general clerical duties at a basic level, for

example, filing, handling mail, maintaining records, data entry

Operating routine office equipment, such as a computer, photocopier,

scanner, facsimile, binding machine, guillotine, franking machine,

calculator, etc.

Performing a reception function, including providing information and

making referrals in accordance with school procedures

Carrying out minor cash transactions including receipting, balancing

and banking


42 MA000076

Monitoring and maintaining stock levels of stationery/materials within

established parameters, including reordering

Occupational equivalent: clerical assistant, data entry operator, front

desk/reception assistant

(iv) School operational services grade 1

Performing general labouring tasks

Performing general gardening tasks, including preparing grounds and

undertaking planting

Performing horticultural duties in areas such as sports playing fields,

garden maintenance and foliage control

Performing basic gardening and outdoor maintenance

Performing basic maintenance

Performing a range of industrial cleaning tasks

Moving furniture and equipment

Assisting in a school retail facility, such as a canteen, uniform shop or

book shop

Assisting trades personnel with manual duties

Taking general care of school vehicles, including driving buses for less

than 25 passengers

Undertaking elementary food preparation and cooking duties, cleaning

and tidying the kitchen and its equipment

Performing gardening duties such as the planting and trimming of trees,

sowing, planting and cutting of grass and the watering of plants,

gardens, trees, lawns and displays

Removing cuttings, raking leaves, cleaning/emptying litter bins,

cleaning gutters/drains/culverts

Performing routine maintenance of turf, synthetic, artificial and other

play surfaces

Performing non-trade tasks incidental to the employee’s work

Performing general laundry duties

Performing general house assistant duties in a boarding house, such as

cleaning

Performing minor repairs to linen or clothing such as buttons, zips,

seams and working with flat materials

Cleaning, dusting and polishing in classrooms or other public areas of

the school


MA000076 43

Making and/or serving morning/afternoon tea, including washing up

and other duties in connection with such work other than

meals/refreshments in the school’s main dining area

Occupational equivalent: cleaner, kitchen assistant, laundry assistant,

grounds/maintenance assistant, retail assistant, bus driver, handyperson,

attendant, trades assistant

B.2.2 Level 2

An employee at this level performs work above and beyond the skills of an employee

at Level 1.

(a) Competency

Competency at this level involves application of knowledge and skills to a

range of tasks and roles. There is a defined range of contexts where the choice

of actions required is clear. There is limited complexity of choice of actions

required. On occasion, more complex tasks may be performed.


(i) Applies generally accepted concepts, principles and standards in

well-defined areas. Solves relatively simple problems with reference to

established techniques and practices. Will sometimes choose between a

range of straightforward alternatives.

(ii) An employee at this level will be expected to perform a combination of

various routine tasks where the daily work routine will allow the latitude

to rearrange some work sequences, provided the prearranged work

priorities are achieved.


Routine supervision of straightforward tasks; close supervision of more

complex tasks. Where employees are working alone, less direct guidance and

some autonomy may be involved.


Level 2 duties typically require:

(i) a skill level which assumes and requires knowledge, training or

experience relevant to the duties to be performed;

(ii) completion of Year 12 without work experience;

(iii) completion of Certificates I or II with work related experience; or

(iv) an equivalent combination of experience and training.



Providing assistance with the educational program where limited

discretion and judgment and/or specific skills are involved


44 MA000076

Occupational equivalent: teacher aide/assistant, integration

aide/assistant

(ii) Curriculum/resources services grade 1

Performing a range of basic library transactions, including processing,

cataloguing and accessioning books, stocktaking, preparing display

materials, using circulation systems, general photocopying and related

clerical tasks

Maintaining, controlling, operating and demonstrating the use of

audio-visual equipment, where there is limited complexity, including

assisting with audio and video recording

Maintaining booking and repair/replacement systems for equipment

Maintaining catalogues of recorded programs in accordance with

established routines, methods and procedures

Maintaining equipment and materials

Caring for fauna and flora

Preparing teaching aids under direction

Preparing standard solutions and less complex experiments

Assisting students and teachers to use the catalogue and/or locate books

and resource materials

Explaining the function and use of library and library equipment to

students

Under direction, assisting teaching staff to take story groups

Searching and identifying fairly complex bibliographic material

organising inter-library loans

Answering ready references inquiries

Operating a wide range of audio-visual or computer equipment

Demonstrating and explaining the operation of audio-visual, computer

and other similar equipment

Providing technical support to teachers

Recording materials by means of sound and photographic equipment,

etc.

Evaluating and making recommendations for the purchase of technical

or computer equipment

Implementing measures for proper storage control and handling or

disposal of dangerous or toxic substances


MA000076 45

Culturing, preparing for use and being responsible to the relevant

manager for the security of bacterial, viral or other like substances

Ordering supplies and materials

Within a defined range of contexts, where the choice of actions is clear,

maintaining scientific equipment, materials and specimens

Assisting with the design/demonstration of experiments and scientific

equipment, as directed

Occupational equivalent: library assistant, laboratory assistant,

technology centre assistant

(iii) Preschool/childcare services grade 2

Assisting in the implementation of the children’s program under

supervision

Assisting in the implementation of daily care routines

Developing awareness of, and assisting in the maintenance of, the

health and safety of children in care

Understanding and working according to the policies and procedures

associated with the children’s program

Responsibility for food preparation, cleaning, gardening or general

maintenance under the guidance of the director or the director’s

nominee

Demonstrating knowledge of hygienic handling of food and equipment

Occupational equivalent: childcare assistant

(iv) Boarding supervision services grade 1

Performing basic duties to assist the person in charge of the boarding

house in the daily routines involving the care of students and general

functions of the boarding house

Applying domestic and interpersonal skills

Occupational equivalent: boarding house assistant

(v) Wellbeing services grade 1

Providing first aid services, as the designated first aid officer in the

school

Occupational equivalent: first aid officer

(vi) School administration services grade 2

Performing duties involving the inward and outward movement of

mail, keeping, copying, maintaining and retrieving records,

straightforward data entry and retrieval


46 MA000076

Occupational equivalent: clerical assistant

(vii) School operational services grade 2

Performing non-cooking duties in the kitchen including the assembly,

preparation and measurement of food items

Undertaking general gardening tasks including the preparation and

planting procedures

Laundry duties requiring the application of limited discretion

Operating, maintaining and adjusting turf machinery under general

supervision

Applying fertilizers, fungicides, herbicides and insecticides under

general supervision

Performing a range of patrol duties, including responding to alarms,

following emergency procedures and preparing incident reports

Driving a bus with a carrying capacity of 25 or more passengers

Occupational equivalent: non-trade qualified cook, gardener, kitchen

assistant, security officer, school bus driver

B.2.3 Level 3


at Level 2.

(a) Competency

Competency at this level involves application of knowledge with depth in some

areas and a broad range of skills. There are a range of roles and tasks in a

variety of contexts. There is some complexity in the extent and choice of

actions required. Competencies are normally used within routines, methods and

procedures. Some discretion and judgment is involved in the selection of

equipment, work organisation, services, actions and achieving outcomes within

time constraints.


Exercise judgment on work methods and task sequence within specified

timelines and standard practices and procedures. Answers are usually found by

selecting from specific choices defined in standard work policies or

procedures.


In some positions, routine supervision, moving to general direction with

experience. In other positions, general direction. This is the first level where

supervision of other employees may be required. When employees are working

alone, they may work semi-autonomously.


MA000076 47


Level 3 duties typically require a skill level which assumes and requires

knowledge or training in clerical/administrative, trades or technical functions

equivalent to:

(i) completion of a trades certificate or Certificate III;

(ii) completion of Year 12 or a Certificate II, with relevant work experience;

or

(iii) an equivalent combination of relevant experience and/or

education/training.

Persons advancing through this level may typically perform duties which

require further on-the-job training or knowledge and training equivalent to

progress toward completion of a Certificate IV or Diploma.



Undertaking some responsibility for other employees in the work area

Providing assistance or guidance to other employees in the work area

Liaising between the school, the student and the student’s family where

some discretion and judgment are involved

Assisting student learning, where some discretion and judgment is

involved, including evaluation and assessment, under the supervision of

a teacher, of the learning needs of students

Occupational equivalent: student services co-ordinator

(ii) Curriculum/resources services grade 2

Undertaking some responsibility for other employees in the work area

Providing assistance or guidance to other employees in the work area

Providing technical assistance in the operation of a library, laboratory,

or technology centre, where some discretion and judgment are involved

Preparing descriptive cataloguing for library materials

Supervising the operation of circulation systems

Answering reference and information inquiries, other than ready

reference

Assisting in evaluating and selecting equipment and supplies

Providing guidance in the use of information systems

Producing resource materials, e.g. multi-media kits, video and film

clips


48 MA000076

Teaching audio-visual, computer and other technical skills to students

and teachers

Searching and verifying bibliographical data where some judgment and

discretion are involved

Producing, displaying and/or publicising materials

Assisting students and employees to access information and to use

equipment in a library, laboratory or a technology centre where some

discretion and judgment are involved

Assisting with supervision of students in the library where some

discretion and judgment are involved

Providing technical assistance and advice, as requested

Assisting with the planning and organisation of a laboratory or

technology centre and field work

Testing of experiments and demonstrating experiments (with teachers)

Occupational equivalent: library technician, laboratory technician,

technology centre technician

(iii) Preschool/childcare services grade 3

Assisting in the preparation, implementation and evaluation of

developmentally appropriate programs for individual children or groups

Responsibility for recording observations of individual children or

groups for program planning purposes for qualified employees

Working with individual children with particular needs, under direction

Assisting in the direction of untrained employees

Undertaking and implementing the requirements of quality assurance

Working in accordance with food safety regulations


(iv) Boarding supervision services grade 2

Deputising from time to time for the person in charge of the boarding

house, while undertaking the basic duties

Occupational equivalent: senior boarding house assistant

(v) School administration services grade 3

Undertaking a wide range of secretarial and clerical duties at an

advanced level, including typing, word processing, maintaining email

and computerised records and shorthand

Managing enquiries from students, parents, employees and the general

public


MA000076 49

Entering financial data into computers and preparing financial and

management reports for review and authorisation

Preparing and processing payroll within routines, methods and

procedures

Undertaking bank and ledger reconciliations

Assisting with preparation of internal and external publications

Providing administrative support to senior management, including

arranging appointments, diaries and preparing both confidential and

general correspondence

Preparing government and statutory authority returns for authorisation

Occupational equivalent: administration assistant, office supervisor,

accounts clerk, school secretary (small school)

(vi) School operational services grade 3

Performing general maintenance work which includes the use of trade

accredited skills in areas such as carpentry, plumbing or electrical

services

Control and responsibility for the maintenance of gardens, sports

grounds and/or facilities which includes the use of accredited trade

skills in areas such as horticulture, gardening or in the maintenance of

sports grounds

Responsibility for operating the school canteen, uniform shop or book

shop, including supervision of employees and volunteers

Cooking duties including a la carte cooking, baking, pastry cooking or

butchery

Responsibility for operating, maintaining and adjusting turf machinery,

as appropriate

Cleaning and inspecting machinery after each use, reporting any

problems to the appropriate manager

In trades positions, applying the skills taught in a trades certificate or

Certificate III, including performance of a range of construction,

maintenance and repair tasks, using precision hand and power tools and

equipment. In some cases this will involve familiarity with the work of

other trades or require further training.

Performing a range of security duties, including patrols, alarm

responses, emergency procedures and preparing incident reports

Responsibility for the security and basic maintenance of school

property

Occupational equivalent: tradesperson, retail function co-ordinator,

security officer, caretaker


50 MA000076

B.2.4 Level 4


at Level 3.

(a) Competency

Competency at this level involves the application of knowledge with depth in

some areas and a broad range of skills. There is a wide variety of tasks and

roles in a variety of contexts. There is complexity in the ranges and choice of

actions required. Some tasks may require limited creative, planning or design

functions. Competencies are normally used within a variety of routines,

methods and procedures. Discretion and judgment are required for self and/or

others in planning, selection of equipment, work organisation, services, actions

and achieving outcomes within time constraints.


Independent judgment is required to identify, select and apply the most

appropriate available guidelines and procedures, interpret precedents and adapt

standard methods or practices to meet variations in facts and/or conditions. The

employee may apply extensive diagnostic skills, theoretical knowledge and

techniques to a range of procedures and tasks, proficiency in the work area’s

rules and regulations, procedures requiring expertise in a specialist area or

broad knowledge of a range of personnel and functions.


Supervision is generally present to establish general objectives relative to a

specific project, to outline the desired end product and to identify potential

resources for assistance. Some positions will require routine supervision to

general direction depending upon experience and the complexity of the tasks.

Some positions will require general direction. May supervise or co-ordinate

others to achieve objectives, including liaison with employees at higher levels.

May undertake stand-alone work.



knowledge or training equivalent to:

(i) completion of a diploma level qualification with relevant work related

experience;

(ii) completion of a Certificate IV with relevant work experience;

(iii) completion of a post-trades certificate and extensive relevant experience

and on-the-job training;

(iv) completion of a Certificate III with extensive relevant work experience;

or

(v) an equivalent combination of relevant experience and/or

education/training.


MA000076 51


(i) Curriculum/resources services grade 3

Demonstrating and instructing students and employees with respect to

the use of complex audio-visual or computer equipment, using a variety

of routines, methods and procedures, with a depth of knowledge in the

requisite areas

Designing and demonstrating experiments within a variety of routines,

methods and experiences under supervision of teachers where

discretion and judgment are required

In charge of an identifiable functional unit, which ordinarily will

involve the supervision of staff

Liaising with teachers on curriculum matters

Assisting careers advisor/counsellor

Occupational equivalent: senior technician in a library, laboratory or

technology centre, careers placement officer

(ii) Preschool/childcare services grade 3A

Exercises similar responsibilities as a grade 3 but an employee at this

level has a Diploma in Children’s Services.


(iii) Boarding supervision services grade 3

Managing a boarding house, with significant responsibility for the

welfare of students, which includes the maintenance of effective

communication with the parents of students and the supervision of

other boarding supervision employees

Occupational equivalent: boarding house supervisor, manager or

co-ordinator

(iv) Wellbeing services grade 2

Providing support and guidance to students

Providing welfare services to students

Occupational equivalent: youth welfare officer

(v) School administration services grade 4

Responsibility for the smooth and efficient financial administration of a

small school

Responsibility for both secretarial and financial administration of a

school office in a small school

Using computer software packages, including desktop publishing,

database and/or web software, at an advanced level


52 MA000076

Planning and setting up spreadsheets and database applications

Initiating and handling correspondence, which may include confidential

correspondence

Calculating and maintaining wage and salary records for a large payroll

utilising a variety of routines, methods and procedures

Applying inventory and purchasing control procedures

Preparing monthly summaries of debtors and creditors ledger

transactions with reconciliations

Controlling the purchasing and storage for a discrete function

Supervising and maintaining hardware and software components of a

computer network, with appropriate support for users

Preparing complex financial and administrative systems

Undertaking responsibility for the co-ordination and ongoing

management of fundraising activities or special projects where an

advanced level of clerical and administrative skill is required

Occupational equivalent: senior administration assistant, office

supervisor, finance officer, school registrar, school secretary (large

school), principal’s secretary, school development officer

(vi) School operational services grade 4

Performing specialised cooking, butchery, baking pastry and the

supervision of the operation

Responsibility for planning, scheduling and supervising of all aspects

of gardening maintenance

Deputising for the manager if absent, including undertaking all duties

In trades positions, working on complex engineering or interconnected

electrical circuits and/or exercising high precision trades skills using

various materials and/or specialised techniques

Occupational equivalent: advanced tradesperson, head groundsperson

(medium or large school)

(vii) Instructional services grade 1

Instructing individual students as part of an extra-curricula instrumental

music program

Providing assistance in the training and coaching of individuals and

teams in various sporting disciplines

Occupational equivalent: instrumental music tutor, sports coach


MA000076 53

B.2.5 Level 5


at Level 4.

(a) Competency

Competency at this level involves self-directed application of knowledge with

substantial depth in some areas. A range of technical and other skills are

applied to roles and functions in both varied and highly specific contexts.

Competencies are normally used independently and both routinely and non-

routinely. Discretion and judgment are required in planning and selecting

appropriate equipment, service techniques and work organisation for self

and/or others.


Problem solving involves the identification and analysis of diverse problems.

Solve problems through the standard application of theoretical principles and

techniques at degree level. Apply standard technical training and experience to

solve problems. Apply expertise to the making of decisions. Being responsible

for co-ordinating a team to provide an administrative service.


Routine supervision to general direction, depending on tasks involved and

experience. May supervise other staff at levels below Level 5.




(i) completion of a degree without subsequent relevant work experience;

(ii) completion of an advanced diploma qualification and at least one year’s

subsequent relevant work experience;

(iii) completion of a diploma qualification and at least two years’ subsequent

relevant work experience;

(iv) completion of a Certificate IV and extensive relevant work experience;

(v) completion of a post-trades certificate and extensive (typically more than

two years’) relevant experience as a technician; or

(vi) an equivalent combination of relevant experience and/or

education/training.


(i) Curriculum/resources services grade 4

Providing specialist technical advice, direction and assistance in the

employee’s area of expertise using the application of knowledge gained

through formal study/qualifications applicable to this level


54 MA000076

Occupational equivalent: professional assistant

(ii) Preschool/childcare services grade 4

Responsibility, in consultation with the director or the director’s

nominee, for the preparation, implementation and evaluation of a

developmentally appropriate program for individual children or groups

of children in care

Responsibility for the direction and general supervision of lower level

employees

Ensuring a safe environment is maintained for children and employees

Ensuring that records are maintained accurately for each child in the

employee’s care

Developing, implementing and evaluating daily care routines

Ensuring adherence to the policies and procedures

Liaising with families


(iii) Boarding supervision services grade 4

Responsibility to the principal of a school for the overall supervision of

the recreational and personal welfare of all students and has overall

responsibility for the administration of two or more boarding houses or

a very large boarding house

Occupational equivalent: head of boarding (large school)

(iv) School administration services grade 5

Applying theoretical knowledge, at degree level, in a straightforward

way, in professional positions

Providing designated support to senior management and associated

committees concerning designated aspects of school management

Overseeing the operations of the school’s office and other

administrative activities

Ensuring deadlines and targets are met

Preparing the accounts of the school to operating statement stage and

assisting in the formulating of period and year end entries

Performing information technology tasks requiring professional

qualifications involving analysis, design or computation and drawing

upon advanced techniques and methods

Occupational equivalent: human resources officer, office supervisor

(large school), school development officer


MA000076 55

(v) School operational services grade 5

Managing a range of functions

Occupational equivalent: assistant property manager (large school),

property manager (medium school)

(vi) Instructional services grade 2

Preparing instrumental music students for external examination in their

discipline as part of an extra-curricula program

Coaching and trains sporting teams for external competition

Occupational equivalent: music tutor, sports coach, trainer

B.2.6 Level 6


at Level 5.

(a) Competency

(i) Competency at this level involves the development and application of

professional knowledge in a specialised area/s and utilising a broad range

of skills. Competencies are normally applied independently and are

substantially non-routine.

(ii) Competency at this level involves the delivery of professional services

within defined accountability levels. Employees may operate individually

or as a member of a team.

(iii) Significant discretion and judgment is required in planning, designing

professional, technical or supervisory functions related to services,

operations or processes.

(iv) Employees are expected to plan their own professional development and

such increased knowledge, relevant to the position held, will be applied

to the work situation.

(v) Perform work assignments guided by policy, precedent, professional

standards and managerial or technical expertise. Employees would have

the latitude to develop or redefine procedure and interpret policy so long

as other work areas are not affected. In technical and administrative

areas, have a depth or breadth of expertise developed through extensive

relevant experience and application.


Discretion to: innovate within own function and take responsibility for

outcomes; design, develop and test complex equipment, systems and

procedures; undertake planning involving resources use and develop proposals

for resource allocation; exercise high level diagnostic skills on sophisticated

equipment or systems; and/or analyse and report on data and experiments.


56 MA000076


In some positions, general direction is appropriate. In other positions, broad

direction would apply. May have extensive supervisory and line management

responsibility for general employees. Supervision is present to review

established objectives.




(i) a degree with subsequent relevant experience;

(ii) extensive experience and specialist expertise or broad knowledge in

technical or administrative fields; or


education/training.


(i) Preschool/childcare services grade 5

Occupational equivalent: operating as the assistant director:

Responsibility for co-ordinating and directing the activities of

employees, including the employees engaged in the implementation

and evaluation of developmentally appropriate programs

Contributing, through the director, to the development of the facility or

policies and procedures

Co-ordinating operations, including occupational health and safety,

program planning, staff training

Taking responsibility for the day-to-day management of the facility in

the temporary absence of the director and for management and

compliance with all licensing and all statutory and quality assurance

issues

Occupational equivalent: operating as the co-ordinator:

Undertaking additional responsibilities, including co-ordinating the

activities of more than one group, supervising employees, trainees and

students on placement and assisting in administrative functions

(ii) Wellbeing services grade 3

Performing guidance and counselling, within defined accountabilities

Providing specialist health services and/or therapy services to students

Occupational equivalent: psychologist, speech therapist, occupational

therapist


MA000076 57

(iii) Nursing services grade 1

Providing primary nursing care with its associated administrative

responsibilities

Occupational equivalent: school nurse


Operating and being responsible for a structurally and/or operationally

defined section

Providing professional advice to students and employees on the

employee’s area of expertise

Responsibility for professional development of other employees

Contributing to operational and strategic planning in the area of

responsibility

Occupational equivalent: public relations manager/director, school

development manager

(v) School operational services grade 6

Managing a range of functions

Occupational equivalent: property manager

(vi) Instructional services grade 3

Conducting and co-ordinating a school choir, band or musical ensemble

or more than one of these

Supervising other coaching staff and managing sporting facilities

Occupational equivalent: choir master, conductor, head coach

B.2.7 Level 7


at Level 6.

(a) Competency

(i) Within constraints set by management, employees exercise initiative in

the application of professional practices demonstrating independent

discretion and judgment, which may have effect beyond a work area. An

employee at this level is expected to carry a high proportion of tasks

involving complex, specialised or professional functions.

(ii) An employee may independently relate existing policy to work

assignments or rethink the way a specific body of knowledge is applied

in order to solve problems. In professional or technical positions, the

employee may be a recognised authority in a specialised area.


58 MA000076


Independently relate existing policy to work assignments, rethink the way a

specific body of knowledge is applied in order to solve problems, adapt

procedures to fit policy prescriptions or use theoretical principles in modifying

and adapting techniques. This may involve stand-alone work or the supervision

of employees in order to achieve objectives. It may also involve the

interpretation of policy which has an impact beyond the immediate work area.


Broad direction. May manage other employees including general employees.




(i) a degree with at least four years of subsequent relevant experience;

(ii) extensive experience and management expertise in technical or

administrative fields; or


education/training.



Responsibility as a director, being responsible for the overall

management and administration of the facility, including:

Supervising the implementation of developmentally appropriate

programs for children

Recruiting staff in accordance with relevant regulations, as directed by

the Principal

Maintaining day-to-day accounts and handling all administrative

matters

Ensuring that the facility adheres to all relevant regulations and

statutory requirements

Ensuring that the facility meets or exceeds quality assurance

requirements

Liaising with families and outside agencies

Formulating and evaluating annual budgets

Providing professional leadership and development to employees

Developing and maintaining policies and practices for the facility

Occupational equivalent: childcare centre director


MA000076 59


Managing counselling services with more than one psychologist under

supervision

Occupational equivalent: head of school counselling (small or medium

school), senior therapist


Providing health counselling, health education and acting in a resource

capacity to the school community, in addition to providing primary care

with its associated administrative duties

Occupational equivalent: school nurse


Preparing advice, reports, proposals or submissions, using a high level

of expertise, for the senior executives of the school and/or outside

bodies

Providing financial advice to the principal or the business manager

Managing the school’s financial system



upon advanced techniques and methods at an advanced level

Occupational equivalent: information technology manager (medium

school)

B.2.8 Level 8


at Level 7.

(a) Competency

Competency at this level is likely to require the development of new ways of

using a specific body of knowledge which applies to work assignments, or may

involve the integration of other specific bodies of knowledge.


Responsible for program development and implementation. Provide strategic

support and advice requiring integration of a range of school policies and

external requirements, and an ability to achieve objectives operating within

complex organisation structures.


Broad direction, working with a degree of autonomy. May have management

responsibility for a functional area and/or manage other employees including

administrative, technical and/or professional employees.


60 MA000076




(i) postgraduate qualifications or progress towards postgraduate

qualifications and extensive relevant experience;

(ii) extensive experience and management expertise; or


education/training.



Responsibilities are the same as for a grade 6 classified at Level 7

This level applies where the number of places in the centre exceeds 60


Manages a counselling or multi-disciplinary service in a large school

Occupational equivalent: manager of counselling services


Providing health, counselling, health education and acting in a resource

capacity to a school community, in addition to providing primary

nursing care with its associated administrative duties and being

responsible for the co-ordination, administration and management of

health service and who is in charge of or directs the activities of other

employees of the school’s health service

Occupational equivalent: nurse in charge


Managing a large functional unit with a diverse or complex set of

functions and significant resources in a large school

Undertaking the role of an assistant bursar/business manager in a large

school



upon advanced techniques and methods at an advanced level

Occupational equivalent: information technology manager (large

school), assistant bursar/business manager (large school)


MA000076 61

Schedule C—Supported Wage System

[Sched C varied by PR994501, PR998748]

C.1 This schedule defines the conditions which will apply to employees who because of

the effects of a disability are eligible for a supported wage under the terms of this

award.

C.2 In this schedule:

approved assessor means a person accredited by the management unit established

by the Commonwealth under the supported wage system to perform assessments of

an individual’s productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage

system that records the assessment of the productive capacity of the person to be

employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide

income security for persons with a disability as provided under the Social Security

Act 1991 (Cth), as amended from time to time, or any successor to that scheme

relevant minimum wage means the minimum wage prescribed in this award for the

class of work for which an employee is engaged

supported wage system (SWS) means the Commonwealth Government system to

promote employment for people who cannot work at full award wages because of a

disability, as documented in the Supported Wage System Handbook. The Handbook

is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the

Department of Education, Employment and Workplace Relations that records the

employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the

range of duties to the competence level required within the class of work for which

the employee is engaged under this award, because of the effects of a disability on

their productive capacity and who meet the impairment criteria for receipt of a

disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the

employer which is subject to the provisions of workers compensation legislation or

any provision of this award relating to the rehabilitation of employees who are

injured in the course of their employment.



http://www.jobaccess.gov.au/


62 MA000076

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of

the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5)

%

Relevant minimum wage

%

10 10

20 20

30 30

40 40

50 50

60 60

70 70

80 80

90 90

[C.4.2 varied by PR994501, PR998748 ppc 01Jul10]

C.4.2 Provided that the minimum amount payable must be not less than $73 per week.

C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of

assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the

productive capacity of the employee will be assessed in accordance with the

Supported Wage System by an approved assessor, having consulted the employer

and employee and, if the employee so desires, a union which the employee is eligible

to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage

assessment agreement, and retained by the employer as a time and wages record in

accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,

including the appropriate percentage of the relevant minimum wage to be paid to the

employee, must be lodged by the employer with Fair Work Australia.

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee

and employer parties to the assessment. Where a union which has an interest in the

award is not a party to the assessment, the assessment will be referred by Fair Work

Australia to the union by certified mail and the agreement will take effect unless an

objection is notified to Fair Work Australia within 10 working days.




MA000076 63

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent

review on the basis of a reasonable request for such a review. The process of review must be

in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant

minimum wage only. Employees covered by the provisions of this schedule will be entitled to

the same terms and conditions of employment as other workers covered by this award on a

pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take

reasonable steps to make changes in the workplace to enhance the employee’s capacity to do

the job. Changes may involve re-design of job duties, working time arrangements and work

organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an

employer may employ a person under the provisions of this schedule for a trial

period not exceeding 12 weeks, except that in some cases additional work adjustment

time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the

percentage of the relevant minimum wage for a continuing employment relationship

will be determined.

[C.10.3 varied by PR994501, PR998748 ppc 01Jul10]

C.10.3 The minimum amount payable to the employee during the trial period must be no

less than $73 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being

trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment

relationship following the completion of the trial period, a further contract of

employment will be entered into based on the outcome of assessment under

clause C.5.




64 MA000076

Schedule D—National Training Wage

[Sched D inserted by PR994501, varied by PR997982]

D.1 Title

This is the National Training Wage Schedule.

D.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage

Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for

qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of

January in each year and is deemed to:

(c) include any period of schooling beyond Year 10 which was not part of or did

not contribute to a completed year of schooling;

(d) include any period during which a trainee repeats in whole or part a year of

schooling beyond Year 10; and

(e) not include any period during a calendar year in which a year of schooling is

completed

relevant State or Territory training authority means the bodies in the relevant

State or Territory which exercise approval powers in relation to traineeships and

register training contracts under the relevant State or Territory vocational education

and training legislation

relevant State or Territory vocational education and training legislation means

the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996




MA000076 65

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant

State or Territory training authority, which meets the requirements of a training

package developed by the relevant Industry Skills Council and endorsed by the

National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer

and an employee which is registered with the relevant State or Territory training

authority

training package means the competency standards and associated assessment

guidelines for an AQF certificate level qualification which have been endorsed for an

industry or enterprise by the National Quality Council and placed on the National

Training Information Service with the approval of the Commonwealth, State and

Territory Ministers responsible for vocational education and training, and includes

any relevant replacement training package

year 10 includes any year before Year 10

D.3 Coverage

D.3.1 Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of

an employee covered by this award who is undertaking a traineeship whose training

package and AQF certificate level is allocated to a wage level by Appendix D1 to

this schedule or by clause D.5.4 of this schedule.

D.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a

relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this

schedule.

D.3.3 This schedule does not apply to the apprenticeship system or to any training program

which applies to the same occupation and achieves essentially the same training

outcome as an existing apprenticeship in an award as at 25 June 1997.

D.3.4 This schedule does not apply to qualifications not identified in training packages or

to qualifications in training packages which are not identified as appropriate for a

traineeship.

D.3.5 Where the terms and conditions of this schedule conflict with other terms and

conditions of this award dealing with traineeships, the other terms and conditions of

this award prevail.

D.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

D.4 Types of Traineeship

The following types of traineeship are available under this schedule:

D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary

hours being approved training; and

D.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of

ordinary hours being approved training solely on-the-job or partly on-the-job and

partly off-the-job, or where training is fully off-the-job.


66 MA000076

D.5 Minimum Wages

[D.5 substituted by PR997982 ppc 01Jul10]

D.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee

undertaking a full-time AQF Certificate Level I–III traineeship whose training

package and AQF certificate levels are allocated to Wage Level A by

Appendix D1 are:

Highest year of schooling completed

Year 10 Year 11 Year 12

per week per week per week

$ $ $

School leaver 256.00 282.00 336.00

Plus 1 year out of school 282.00 336.00 391.00

Plus 2 years out of school 336.00 391.00 455.00


Plus 4 years out of school 455.00 521.00

Plus 5 or more years out of school 521.00

(b) Wage Level B



package and AQF certificate levels are allocated to Wage Level B by Appendix

D1 are:




$ $ $

School leaver 256.00 282.00 327.00






(c) Wage Level C



package and AQF certificate levels are allocated to Wage Level C by Appendix

D1 are:



MA000076 67




$ $ $

School leaver 256.00 282.00 327.00






(d) AQF Certificate Level IV traineeships

(i) Subject to clause D.5.3 of this schedule, the minimum wages for a trainee

undertaking a full-time AQF Certificate Level IV traineeship are the

minimum wages for the relevant full-time AQF Certificate Level III

traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause D.5.3 of this schedule, the minimum wages for an adult

trainee undertaking a full-time AQF Certificate Level IV traineeship are

as follows, provided that the relevant wage level is that for the relevant

AQF Certificate Level III traineeship:

Wage level First year of

traineeship

Second and

subsequent years of

traineeship

per week per week

$ $

Wage Level A 541.00 562.00

Wage Level B 522.00 542.00

Wage Level C 475.00 493.00

D.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for

a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose

training package and AQF certificate levels are allocated to Wage Level A by

Appendix D1 are:


68 MA000076



per hour per hour per hour

$ $ $

School leaver 8.42 9.28 11.05






(b) Wage Level B



training package and AQF certificate levels are allocated to Wage Level B by

Appendix D1 are:




$ $ $







(c) Wage Level C



training package and AQF certificate levels are allocated to Wage Level C by

Appendix D1 are:




$ $ $






MA000076 69




$ $ $



(d) School-based traineeships


a trainee undertaking a school-based AQF Certificate Level I–III traineeship

whose training package and AQF certificate levels are allocated to Wage

Levels A, B or C by Appendix D1 are as follows when the trainee works

ordinary hours:

Year of schooling

Year 11 or lower Year 12

per hour per hour

$ $

8.42 9.28

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum

wages for a trainee undertaking a part-time AQF Certificate Level IV

traineeship are the minimum wages for the relevant part-time AQF

Certificate Level III traineeship with the addition of 3.8% to those

minimum wages.

(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum

wages for an adult trainee undertaking a part-time AQF Certificate Level

IV traineeship are as follows, provided that the relevant wage level is that

for the relevant AQF Certificate Level III traineeship:

Wage level First year of

traineeship

Second and

subsequent years

of traineeship

per hour per hour

$ $

Wage Level A 17.80 18.49

Wage Level B 17.17 17.83

Wage Level C 15.63 16.22

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of

38 per week, the appropriate hourly minimum wage is obtained by

multiplying the relevant minimum wage in clauses D.5.2(a)–(e) of this

schedule by 38 and then dividing the figure obtained by the full-time

ordinary hours of work per week.


70 MA000076

(ii) Where the approved training for a part-time traineeship is provided fully

off-the-job by a registered training organisation, for example at school or

at TAFE, the relevant minimum wage in clauses D.5.2(a)–(e) of this

schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken

solely on-the-job or partly on-the-job and partly off-the-job, the relevant

minimum wage in clauses D.5.2(a)–(e) of this schedule minus 20%

applies to each ordinary hour worked by the trainee.

D.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to

becoming a trainee with that employer must not suffer a reduction in their

minimum wage per week or per hour by virtue of becoming a trainee. Casual

loadings will be disregarded when determining whether the employee has

suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF

Certificate Level III traineeship, or from an AQF Certificate Level III to an

AQF Certificate Level IV traineeship, then the trainee must be paid the next

highest minimum wage provided in this schedule, where a higher minimum

wage is provided for the new AQF certificate level.

D.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III

traineeship whose training package and AQF certificate level are not allocated to a

wage level by Appendix D1 is the relevant minimum wage under this schedule for a

trainee undertaking an AQF Certificate to Level I–III traineeship whose training

package and AQF certificate level are allocated to Wage Level B.

D.6 Employment conditions

D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the

trainee, be paid an additional loading of 25% on all ordinary hours worked instead of

paid annual leave, paid personal/carer’s leave and paid absence on public holidays,

provided that where the trainee works on a public holiday then the public holiday

provisions of this award apply.

D.6.2 A trainee is entitled to be released from work without loss of continuity of

employment and to payment of the appropriate wages to attend any training and

assessment specified in, or associated with, the training contract.

D.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship,

in attending any training and assessment specified in, or associated with, the training

contract is to be regarded as time worked for the employer for the purposes of

calculating the trainee’s wages and determining the trainee’s employment conditions.

D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award

apply to a trainee unless specifically varied by this schedule.


MA000076 71

Appendix D1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

D1.1 Wage Level A

Training package AQF certificate level

Aeroskills II

Aviation I

II

III

Beauty III

Business Services I

II

III

Chemical, Hydrocarbons and Refining I

II

III

Civil Construction III

Coal Training Package II

III

Community Services II

III

Construction, Plumbing and Services

Integrated Framework

I

II

III

Correctional Services II

III

Drilling II

III

Electricity Supply Industry—Generation

Sector

II

III (in Western Australia only)

Electricity Supply Industry—Transmission,

Distribution and Rail Sector

II

Electrotechnology I

II

III (in Western Australia only)

Financial Services I

II

III

Floristry III

Food Processing Industry III


72 MA000076


Gas Industry III

Information and Communications

Technology

I

II

III

Laboratory Operations II

III

Local Government (other than Operational

Works Cert I and II)

I

II

III

Manufactured Mineral Products III

Manufacturing I

II

III

Maritime I

II

III

Metal and Engineering (Technical) II

III

Metalliferous Mining II

III

Museum, Library and Library/Information

Services

II

III

Plastics, Rubber and Cablemaking III

Public Safety III

Public Sector II

III

Pulp and Paper Manufacturing Industries III

Retail Services (including wholesale and

Community pharmacy)

III

Telecommunications II

III

Textiles, Clothing and Footwear III

Tourism, Hospitality and Events I

II

III

Training and Assessment III

Transport and Distribution III

Water Industry (Utilities) III


MA000076 73

D1.2 Wage Level B


Animal Care and Management I

II

III

Asset Maintenance I

II

III

Australian Meat Industry I

II

III

Automotive Industry Manufacturing II

III

Automotive Industry Retail, Service and

Repair

I

II

III

Beauty II

Caravan Industry II

III

Civil Construction I

Community Recreation Industry III

Entertainment I

II

III

Extractive Industries II

III

Fitness Industry III

Floristry II

Food Processing Industry I

II

Forest and Forest Products Industry I

II

III

Furnishing I

II

III

Gas Industry I

II

Health II

III

Local Government (Operational Works) I

II

Manufactured Mineral Products I


74 MA000076


II

Metal and Engineering (Production) II

III

Outdoor Recreation Industry I

II

III

Plastics, Rubber and Cablemaking II

Printing and Graphic Arts II

III

Property Services I

II

III

Public Safety I

II

Pulp and Paper Manufacturing Industries I

II

Retail Services I

II

Screen and Media I

II

III

Sport Industry II

III

Sugar Milling I

II

III

Textiles, Clothing and Footwear I

II

Transport and Logistics I

II

Visual Arts, Craft and Design I

II

III

Water Industry I

II


MA000076 75

D1.3 Wage Level C


Agri-Food I

Amenity Horticulture I

II

III

Conservation and Land Management I

II

III

Funeral Services I

II

III

Music I

II

III

Racing Industry I

II

III

Rural Production I

II

III

Seafood Industry I

II

III


76 MA000076

Schedule E—Apprentices

E.1 Apprentices

E.1.1 An apprentice means any person employed and registered in the form prescribed by

the relevant State Apprenticeship Authority.

E.1.2 For the purposes of this award, an apprentice is an employee who is engaged under a

Training Agreement registered by the relevant State or Territory Training or

apprenticeship Authority, where the qualification outcome specified in the Training

agreement is a relevant qualification from a Training Package endorsed by the

National Training Framework Committee.

E.1.3 An apprentice will also include an employee who is engaged under a Training

Agreement or Contract of Training for an apprenticeship declared or recognised by

the relevant State or Territory Training or Apprenticeship Authority.

E.1.4 Subject to appropriate State legislation, an employer must not employ an

unapprenticed junior in a trade provided for in this award.

E.1.5 In order to undertake trade training in accordance with E.1 a person must be a party

to a contract of apprenticeship training or training agreement in accordance with the

requirements of the relevant Apprenticeship authority or State legislation. The

employer must provide access to training consistent with the contract or training

agreement without loss of pay.

E.1.6 An apprentice who attends a technical school and presents reports of satisfactory

attendance and conduct must be reimbursed by their employer for all fees paid by the

apprentice in respect of any course prescribed, at the end of each term.

E.1.7 The probationary period of an apprentice must be as set out in the training agreement

or contract of apprenticeship consistent with the requirements of the Apprenticeship

Authority or State legislation but must not exceed three months.

E.1.8 An apprentice who is under 21 years of age on completion of their apprenticeship

and who is employed in the occupation to which they were apprenticed will be paid

not less than the adult rate prescribed for that classification.

E.1.9 Except as provided in this schedule or where otherwise stated all conditions of

employment specified in this award will apply to apprentices.

E.1.10 No apprentice under the age of 18 years will be required to work overtime unless

they request to work overtime. An apprentice must not work or be required to work

overtime at times which would prevent their attendance at technical school as

required by this award or by State legislation.

E.1.11 No apprentice under the age of 18 years will be employed on any shift other than day

shift. An apprentice over the age of 18 years, by mutual agreement may be required

to work on an afternoon shift provided such shiftwork does not prevent their

attendance at technical school as required by this award or by State legislation.

E.1.12 An apprentice must not work under any system of payment by results.


MA000076 77

E.1.13 An employer must allow an apprentice to take time off during working hours to

attend available classes. In order to be entitled to the time off the apprentice must

produce a card showing the employee’s attendance at school for the period.

E.1.14 The provisions of this schedule will be read in conjunction with any state legislation

or regulation relating to apprentices.

E.1.15 Provisions of any State legislation or regulation relating to the attendance of

apprentices at technical school during ordinary working hours or to disciplinary

powers of Apprenticeship Authorities over apprentices and employers are deemed

not to be inconsistent with this award.

E.1.16 Apprentices are entitled to the NES, as supplemented by this award, except with

respect to Notice of termination and Redundancy pay.

E.1.17 The ordinary hours of work of apprentices must not exceed those of the

tradespersons employed under this award.

E.1.18 The number of apprentices that may be employed by an employer at any time in the

said trade or trades must not exceed the proportion of one apprentice for each

individual tradesperson employed by the employer in such trade.

E.2 School-based Apprentices

E.2.1 A school-based apprentice is a person who is undertaking an apprenticeship in

accordance with this schedule while also undertaking a course of secondary

education.

E.2.2 A school-based apprenticeship may be undertaken in the trades covered by this

award under a training agreement or contract of training for an apprentice declared or

recognised by the relevant State or Territory authority.

E.2.3 The relevant minimum wages for full-time junior and adult apprentices provided for

in this award, calculated hourly, will apply to school-based apprentices for total

hours worked including time deemed to be spent in off-the-job training.

E.2.4 For the purposes of clause E.2.3, where an apprentice is a full-time school student,

the time spent in off-the-job training for which the apprentice must be paid is 25% of

the actual hours worked each week on-the-job. The wages paid for training time may

be averaged over the semester or year.

E.2.5 A school-based apprentice must be allowed, over the duration of the apprenticeship,

the same amount of time to attend off-the-job training as an equivalent full-time

apprentice.

E.2.6 For the purposes of this schedule, off-the-job training is structured training delivered

by a Registered Training Organisation separate from normal work duties or general

supervised practice undertaken on the job.

E.2.7 The duration of the apprenticeship must be as specified in the training agreement or

contract for each apprentice but must not exceed six years.

E.2.8 School-based apprentices progress through the relevant wage scale at the rate of

12 months progression for each two years of employment as an apprentice.


78 MA000076

E.2.9 The apprentice wage scales are based on a standard full-time apprenticeship of four

years (unless the apprenticeship is of three years duration). The rate of progression

reflects the average rate of skill acquisition expected from the typical combination of

work and training for a school-based apprentice undertaking the applicable

apprenticeship.

E.2.10 If an apprentice converts from school-based to full-time, all time spent as a full-time

apprentice will count for the purposes of progression through the relevant wage scale

in addition to the progression achieved as a school-based apprentice.

E.2.11 School-based apprentices are entitled pro rata to all of the other conditions in this

award.

[Sched F deleted by PR994501]


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